What are the best practices for a prenup to protect American assets when marrying someone in Thailand?

@Alistair *******

Bored mate?

@Tony ******

I’m sorry, but California property laws make sense. Florida? Not so much.

@Marty ********

you passed off advice you were given to YOUR situation as if it would apply for another person. Also, there is no such thing as American family law. A lawyer in Thailand with a license to practice in the US would likely be breaking the law if they were advising you on law in your US state of residence without holding a license to practice law there. Just think about that for a minute. It's called unauthorized practice of law. It's a crime in many states. I've seen people convicted and imprisoned for it.

@Neil *****

I'm going to give him the benefit of the doubt that he is practicing legally and ethically in the context of his position in the Thai law firm.

@Marty ********

Most lawyers are only licensed in 1 state. Very few are licensed in 2 and after that it is extremely small. You can do the math and come up with rough statistics. You can search on your state bar's website, but I'm willing to bet this lawyer is likely unlicensed to give you advice in your state, because I trust statistical probabilities before I trust what people tell me.

@Neil *****

It is a Thai law firm writing a Thai prenup covering a Thai marriage in Thailand. He was an American lawyer able to assist me in the process. He did what you said in your comment to this post. It was a Thai lawyer that accompanied us to the marriage registration.

@Marty ********

The OP is trying to protect American assets. Neil is correct. The state defines the ownership rights. The laws vary greatly state-by-state. Of course, this is assuming the U.S. recognizes the marriage, but that's a whole other matter.

@Ruth ******

Are you saying a Thai prenup in Thailand cannot protect assets you acquired prior to the marriage?

@Marty ********

I'm saying that one should talk to a U.S. lawyer, for the specific state in which the assets are located, to get advice about protecting U.S. assets.

@Ruth ******

If you want to declare all your assets acquired prior to the marriage as off limits then I think you would be able to do that with a Thai prenup in Thailand. If you want to direct a portion of your foreign assets as off limits then no, I would not expect a Thai prenup to have any validity to direct distribution of assets in the US.

@Ruth ******

I think we are talking about a Thai marriage in Thailand and they are living in Thailand. If the prenup protects assets acquired prior to the marriage then does it matter where the assets are? If I want to get married to a Thai in Thailand and live in Thailand then I need a prenup in both countries?

@Marty ********

Theoretically, if a prenup were written in Thailand AND it were written in accordance with all applicable U.S. laws, then sure, it would be enforceable in the U.S.. However, finding a Thai (or even American lawyer in Thailand) intimately familiar with all the variations in the law in different states is unlikely. That's why lawyers need to pass the bar in different states. If he feels comfortable with a Thai lawyer with expertise in the applicable state, sure, he can go for it. It wouldn't be the approach I would take.

I think the problem here is assets owned before and after the marriage. If the assets were owned prior to the marriage and protected in the prenup then it doesn’t matter what country or state they are in. If you open new bank accounts and buy property outside Thailand after the marriage then that could be more complicated.

In my case I have a couple of bank accounts in the US that I have had for decades. I’ve not acquired any new assets in the US. The benefit of the assistance of an American lawyer in Thailand in a Thai law firm is to explain all this and if necessary recommend what to do legally in the US such as a referral to a US based lawyer.

If a Thai is divorced from an American and wants to go after assets in America, acquired during the marriage, then I guess she is welcome to try. As a practical matter I not worried about that myself. Those assets would have to be pretty substantial to make it worth the effort.

@Marty ********

respectfully, your commentary is fueled with terrible advice.

@Charles ****

kindness unfortunately taken for weakness in todays dog eat dog world . Different to my time growing up !

@Neil *****

if each of you have assets prior to marriage, they remain each other's individual assets jic anything unfortunate happens.

@Tony ******

that is not true of every state in the US. In fact, that is the law in a minority of states. There are many more states that are equitable division states than community property states.

@Neil *****

false, perhaps that's why u r in Thailand.